How not to crack an
egg!
An employer, R&D Panelform had a workplace
policy which included the requirement: "No horse-play Serious injuries can result from horse-play or practical
jokes". This policy possibly saved them from conviction from a breach of
the NSW OHS Act. Employees on the worksite were not so fortunate. 
A work mate, Mr C was getting married the next
day. Some
of his colleagues decided to play a practical joke on him and ‘egg’ him. Eggs were purchased for the
purposes of this prank and when Mr C descended from a truck that was being loaded with form work, they grabbed
their victim. Someone hit him in the groin and they then proceeded to tie him up against a piece of steel
mesh, using duct tape. The now constrained Mr C had his clothes cut from his body with a knife, leaving him in
only his underwear.
Mr C then became the target for egg throwing, and when one did not
break, it was picked up and cracked on his forehead.
Not happy with raw eggs, one of the workers poured some fuel in a half
circle around Mr. C, and set it alight.
The flames were approximately knee high. Mr
Catanzaro struggled and fell, towards the fire, sustaining burns to his legs. After Mr C hit the ground,
one of his co-workers picked him up from the ground and others, put out the fire. He was then given a spare set of
clothes from the nearby truck and walked to the site shed where he had a shower and put the spare clothes
on.
Mr C described the ruinous effect on his wedding
day and honeymoon of what had occurred. He said his wife had to take care of him, which he hated, that he was going
to the hospital every second day and his wife had to wheel him around in a wheelchair because he could not walk for
a week. Mr
C also said after the incident he was put off from his job due to the amount of recovery time he needed and since
then had been unable to find full-time work. He was unable to work in his trade
for nine months after the incident and because he was limited in the type of work he could perform his income was
lower than what it would otherwise have been. His wife had to sell her investment property because of his drop in
income. Mr C said the incident "ruined his
life".
Two of the employees were judged by the court to be guilty and
received substantial fines as well as court costs and another two were discharged on the condition that they
enter into good behaviour bonds for a period of 12 months, and pay court costs
Inspector Estreich v Zaccardelli & Ors [2012] NSWIRComm 47 (31 May
2012)
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